The lawsuit alleges that Eltman, Eltman & Cooper and Erin Capital Management sent an initial demand letter that failed to include the name of the current creditor, misrepresented that Eltman was representing Providian, and failed to state the current amount of the alleged debt. The lawsuit also alleges that, after receiving a timely dispute letter from my client, Eltman, Eltman & Cooper and Erin Capital Management continued their collection activities, including the filing of a collection lawsuit, without first providing verification of the alleged debt. The lawsuit also alleges that these collection agencies made false statements in the lawsuit they filed against my client.

Consumers should keep in mind that a debt collector is required to make certain written disclosures to you within five days of their initial communication, including your right to dispute the debt. If you dispute the debt in writing within 30 days of receipt of the notice, they are required to cease collection activities until they provide you with written verification of the alleged debt. If you are sued by a debt collector, you must respond or you will have a default judgment entered against you, possibly entitling the debt collector to garnish you bank accounts or your wages and place liens on property that you own.